A state employee subjected to “recurrent explicit, hostile, vulgar, offensive and often demeaning comments based upon her gender” cannot sustaina workplace discrimination claim because she and the perpetrator, whileworking on a dual-agency project, were not employed by the same agency, anappellate panel held last week.

In a unanimous opinion, the Appellate Division, 3rd Department, upheldsummary dismissal of Suzanne R. Strauss’ suit against the state departmentsof Education and Labor.

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